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LETTER 



FROM THE 



(U®^^5BK?®1B 



MARYLAND, 



ENCLOSING AN ACT OF THE ASSEMBLY 



OF THE SAID STATE, 



RESPECTING THE 



BOUNDARY LINE BETWEEN THE SAID STATE 



STATE OF VIRGINIA. 



RICHMOND : 
PRINTED BY THOMAS RITCHIE, 

riUNTEIl TO THE COTttMONWEAITH. 



1819. 



<$£ 



COUNCIL CHAMBER, 

Jlnnapolis, November 1, 1819. 
SIR, 

I have the honor to transmit to you a copy of an act 
passed by the General Assembly of Maryland, at the last 
session, entitled «* an act for settling the western limits of this 
State, and the dividing and boundary line between this State 
and the Commonwealth of Virginia," and to request that you 
will be pleased to lay the same before the Legislature of the 
State, over which you preside at the next session. It is my 
duty at the same time to express to you the anxious wish of 
the Legislature of this State that a similar law may be pas- 
sed by the General Assembly of Virginia. 

I am, Sir, with the highest respect, 
Your obedient servant, 
(Signed) C. GOLDSBOROUGH. 

His Excellency 

the Governor of Virginia. 



MARYLAND, Set. 

At a session of the General Assembly of Maryland, 
begun and held at th(hcity of Annapolis, on the first Monday 
of December, being the seventh day of the same month, in 
the year of our Lord one thousand eight hundred and eigh- 
" teen and ended the nineteenth day of February, one thousand 
■i eight hundred and nineteen. 

His Excellency Charles Goldsborough, Esqr., Governor. 

Amongst others the following law was enacted, to wit : 
No. 206. An act for settling the western limits of this State, 
and the dividing line and boundary between this State and 
the Commonwealth of Virginia. 

Sec. 1. Beit enacted by the General Assembly of Maryland, 
That the Governor by and with the advice and consent of the 
Council be and he hereby is authorised to appoint three com- 
missioners on the part of this State to meet such commission- 
ers as may be appointed for the same purpose by the Com- 
monwealth of Virginia to settle and adjust by mutual compact 
between the two Governments, the western limits of th 
State, and the dividing line and boundary between this State 
and the Commonwealth of Virginia, to commence at the most 
western source of the north branch, of the Fotowmac river, 
and to run a due north course, to intersect the line between 



4 

this State, and the State of Pennsylvania, and also to settle 
and adjust as aforesaid any claim of this State, or of the said 
Commonwealth of Virginia, to territory within the limits of 
the other, and the commissioners appointed as aforesaid are 
required to report their proceedings, in virtue of their ap- 
pointment and authority, to the General Assembly of this 
State, at the session next after the same shall have been con- 
cluded for confirmation or rejection. 

Sec. 2. And whereas sundry citizens of this State, may 
hold lands in virtue of patents granted by the Commonwealth 
of Virginia, before the divisional line shall have been settled 
and adjusted between the two States, and as it is proper that 
all inhabitants on either side of the boundary line, so to be 
settled and adjusted, who shall have obtained patents for their 
lands ill Virginia or Maryland, should have their titles con- 
firmed in which ever State they may happen to fall ; 

Sec. 3. Be it enacted. That any person or persons holding 
lands within the limits of this State, which shall have been 
granted and patented by Virginia, before the settlement and 
adjustment of the said divisional line, and which before the 
running and settling the divisional line aforesaid, shall have 
been considered as lying within the limits of Virginia, and 
subject to the jurisdiction thereof, but which by the settle- 
ment and adjustment of the said divisional line shall be found 
to be within this State, shall be at liberty to take out and re- 
ceive patents from the land office of this State, and after the 
confirmation of the settlement and adjustment of the said 
divisional lines as aforesaid, the register of the land office of 
the western shore, is hereby empowered and directed on ap- 
plication of any of the above described landholders, and upon 
their producing their Virginia patents or authenticated copies 
which shall be lodged in the land office, to grant patent or 
patents for the lands expressed in such original grant or 
grants, and the person or persons thus receiving patents in 
exchange, shall not be liable to pay any purchase or caution 
money, or be liable to any charge or demand whatsoever, 
except the common fees of office. Provided, nevertheless, 
And be it enacted, That the right, title and estate acquired by 
any person or persons of, in and to any such lands, under and 
in virtue of any kind of grant from the proprietary of Mary- 
land, or from this State prior to the right, title or estate ac- 
quired by any person or persons claiming under a grant from 
Virginia shall prevail, and in all and every case the prior 
title acquired by any person or persons, in and to any such 
lands under any grant or patent, whether granted by Virgi- 
nia or Maryland, or by or under either of them, shall prevail 
and have the preference. 



Sec. 4. Jind be it enacted, That no such grant as aforesaid, 
shall extend, or be deemed construed or taken, to extend to the 
right of any grantee or grantees, and those claiming under 
them to any lands, tenements, hereditaments, which are 
situate, lying or being within this State, which have been at. 
any time and in any manner heretofore granted by or under 
the authority of the late proprietaries or by this State, and 
are now in the actual possession or occupation of all, every 
or any of the tenants or occupiers of the said lands, heredita- 
ments and premises, nor to the estate, right, title or interest 
of such tenants or occupiers or any of them, in or to the said 
lands and premises or any part thereof, but it shall and may 
be lawful to and for all, and every of such tenants and occu- 
piers of the said lands and premises, and every part thereof, 
their and every of their heirs and assigns, from time to time 
and at all times hereafter to hold and enjoy the said lands 
and premises and every part thereof, for and during all and 
every their several and respective estates and interests in the 
same and every of them, any thing herein before contained 
to the contrary thereof in any wise notwithstanding. 

Sec. 5. And be it enacted. That the Governor of this State 
be requested to transmit without delay, to the Governor of 
Virginia, a copy of this act in order to its being laid before 
the Legislature of that State, and at the same time to com- 
municate the wish of this General Assembly that a similar 
act may be passed, by the General Assembly of Virginia. 

Sec. 6. And be it enacted, That the appointment of com- 
missioners required by this act, shall not be made until the 
Legislature of Virginia shall pass a law with provisions, 
similar to those contained in this act. 

By the House of Delegates, February 19, 1819; this en- 
grossed bill, the original of which passed the House of Dele- 
gates, on the 19th day of February, 1819, was this day read 
and assented to. 

By order, JOHN BREWER, Clerk. 

By the Senate February 19th, 1819. This engrossed bill, 
the original of which passed the Senate the 19th day of Febru- 
ary 1819, was this day read and assented to, 

By order, RICHARD HARWOOD, Clerk, 



MARYLAND, Set. 

I hereby certify that the foregoing is a full and true copy 
taken from Liber T. H. No. 6, folio 4344, one of the law re- 
cords of the State of Maryland, belonging to the office of the 
court of appeals for the western shore of the said State. 

In testimony whereof, I have hereunto subscribed my name 
and affixed the seal of the said court of appeals, this 1 st day 
of September in the year of our Lord, 1819. 

THOMAS HARRIS, 
Clk. court ajipeals, W. S. M. 

MARYLAND, Set. 

I, Jeremiah Townley Chase, chief judge of the State of 
Maryland, for the court of appeals, do certify, that the fore- 
going attestation by Thomas Harris, clerk of the said court 
of appeals for the western shore, is in due form and by the 
proper officer. Given under my hand and seal at the city of 
Annapolis, this first day of September, 1819. 

JEREMIAH TOWNLEY CHASE. (Seal.) 

MARYLAND, Set. 

I, Ninian Pinkney, clerk of the council of the State of Ma- 
ryland, hereby certify, that the honorable Jeremiah Townley 
Chase, Esq. whose name is subscribed to the foregoing certi- 
ficate, was at the time of signing the same, chief judge of the 
said State for the court of appeals, duly appointed, commis- 
sioned and authorised, and that to all acts by him done in that 
capacity, full faith and credit is and ought to be given, as well 
in courts of justice, as thereout. In witness whereof, I here- 
unto subscribe my name, at the city of Annapolis, this 1st day 
of September, 1819. 

NINIAN PINKNEY, 
Clerk of the Council. 

MARYLAND, Set. 

I, Thomas Hamilton Bowie, register of the court of chan- 
cery of the State of Maryland, hereby certify, that Ninian 
Pinkney, Esq. who appears to have signed the foregoing cer- 
tificate, is clerk of the executive council of the State afore- 
said. In testimony whereof, I hereunto affix the great seal 
of the said Slate, this 1st day of September, 1819. 

(Seal.) THO. H. BOWIE, 

Register Cur. Can. 



LIBRARY OF CONGRESS 



014 365 556 8 



